SECOND SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 32002/96
by Şadiye ÖZSUCU, Abdullah AKSUCU, Mevlüt and Ramazan KOZAT, Mehmet Ali DERE, Nadir and Fikri AKSUCU, Abdulbari BAYKAL, Ferzende TOKMAN, Nevzat AKSUCU, Ahmet TOPRAK, Mehmet KOZAT, Kutbettin TOKMAN and Zahit KOZAT
against Turkey
The European Court of Human Rights (Second Section), sitting on 22 March 2001 as a Chamber composed of
MrC.L. Rozakis, President,
MrA.B. Baka,
MrG. Bonello,
MrsV. Strážnická,
MrP. Lorenzen,
MrM. Fischbach, judges,
MrF. Gölcüklü, ad hoc judge,
and Mr E. Fribergh, Section Registrar,
Having regard to the above application introduced with the European Commission of Human Rights on 22 March 1996 and registered on 21 June 1996,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND COMPLAINTS
The applicants are Turkish nationals living in the Lice district of the province of Diyarbakır (Turkey). They are represented before the Court by Mr Fethi Gümüş, a lawyer practising in Diyarbakır.
In their application the applicants complained that their houses and shops were destroyed as a result of the random and disproportionate gunfire of the security forces in the course of clashes between the latter and PKK militants in Lice. They alleged that their rights guaranteed by Articles 3, 5, 6, 13, 14, 17 and 18 of the Convention and Article 1 of Protocol No. 1 had been violated.
PROCEDURE
Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter.
As a result, the Registrar proposed that the applicants withdraw the application on the condition that the Government pay to the applicants the sums stated below free of any taxes which may be applicable and to be converted into Turkish liras at the rate applicable on the date of payment:
No.
Application No.
Name of the Applicant
The Registrar’s proposal: Pounds sterling
1
32002/96
Şadiye ÖZSUCU
10,000
2
32002/96
Abdullah AKSUCU
10,000
3
32002/96
Mevlüt KOZAT
10,000
4
32002/96
Ramazan KOZAT
15,000
5
32002/96
Mehmet Ali DERE
10,000
6
32002/96
Nadir AKSUCU
10,000
7
32002/96
Fikri AKSUCU
10,000
8
32002/96
Abdülbari BAYKAL
10,000
9
32002/96
Ferzende TOKMAN
10,000
10
32002/96
Nevzat AKSUCU
10,000
11
32002/96
Ahmet TOPRAK
10,000
12
32002/96
Mehmet KOZAT
10,000
13
32002/96
Kutbettin TOKMAN
10,000
14
32002/96
Zahit KOZAT
10,000
15
32002/96
Legal expenses to the applicants’ representative Mr GÜMÜŞ
6,000
By letters of 19 January and 2 February 2001 the Government and the applicants respectively agreed to the proposal.
THE LAW
The Court takes note of the applicants’ withdrawal of the application on the basis of the agreement reached between the parties (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the application.
For these reasons, the Court
Decides to disjoin the application from the other 201 Lice applications;
Decides to strike the application out of the list.
Erik FriberghChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy